THAKOR SAMTUBHA PRUTHVIRAJ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Section 227 of the Constitution of India so also inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 for the release of the muddamal vehicle i.e. Maruti Suzuki Zen Car bearing Registration No.GJ-08-BF-9542.

(2.) The brief facts leading to the filing of the present petition are as under, 2.1 The petitioner is the owner of the muddamal vehicle i.e. Maruti Suzuki Zen Car bearing Registration No.GJ-08-BF-9542 and it is duly registered with the transport department of the Government. However on account of registration of FIR being C. R. No.11195018200294/2020 registered with Dhanera Police Station, Banaskantha for the offences under the provision of the Gujarat Prohibition Act, the vehicle of the petitioner was recovered as muddamal. 2.2 Therefore to get the custody of the said vehicle, the petitioner filed an application under Section 451 of the Criminal Procedure Code, however, the learned Judicial Magistrate, Dhanera rejected the said application vide order dated 05.09.2020. 2.3 Being aggrieved by the aforesaid order rejecting the Revision Application filed by the petitioner, the petitioner has filed present petition directly before this Court without approaching the concerned Sessions Court with a prayer to release the muddamal of vehicle.

(3.) Learned advocate appearing for the petitioners has referred to the RC Book placed on record at Page No.14 and submitted that the petitioner is the owner of the vehicle in question and till date, no one has claimed for the vehicle in question. It is submitted that the petitioner was not aware about the usage of the vehicle in question in commission of such offence under provisions of the Gujarat Prohibition Act, 1949. It is submitted that the vehicle in question is the source of livelihood of the petitioner and if the same is not released, the petitioner would suffer grave hardship.